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TA22-03B Board of Commissioners Hearing DraftZ22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 Section 2.3. Definitions and Terms BASAL AREA, OF A TREE The cross-sectional area in square feet of the trunk of a single tree measured at 4 feet above the ground (i.e., at breast height). BASAL AREA, OF A TREE STAND The total basal area in square feet per acre of all trees in a stand. DEVELOPMENT ENVELOPE The amount of land area required to accommodate the essential site improvements required to construct the proposed use. ESSENTIAL SITE IMPROVEMENTS Any construction or reconstruction of the site development features required by any local, state, or federal regulations, ordinances, or laws, located within the limits of disturbance, such as buildings parking, utilities, stormwater management or other items proposed for construction or redeveloped on the site. VEGETATED BUFFER For purposes of Section 5.7.5, Vegetated Buffer Controls for Conservation, an existing natural area, or an area planted as recommended in the "Reference Lists and Publications for Guidance in the Selection of Vegetated Buffer Plants", set forth in the County’s Standards for Tree and Plant Materials for Landscaping New Hanover County Tree and Landscaping Manual, which preserves, protects, and restores water quality and estuarine resources. These buffers are an effort to provide the following functions: filter suspended solids, nutrients, bacteria, and other pollutants before entering surface waters; provide soil stabilization; provide shading to assist in temperature regulation of estuarine waters; provide wildlife habitat and aesthetic beauty. Section 5.3. Tree Retention 5.3.3. TREE INVENTORY Trees existing on a site at the time of development that are required to be retained or replaced in accordance with this section shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director any of the following methods, unless the site is subject to incentives as outlined in 5.3.8, Optional Incentives for Retaining Trees: A. A field or ground survey indicating the location, size, and species of each regulated tree; B. A fixed plot sampling tree inventory as described in the New Hanover County Tree and Landscaping Manual; or C. Other tree inventory method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 5.3.7. MITIGATION A. When Significant Trees are authorized for removal by a tree removal permit or Specimen Trees are authorized for removal by a variance, they shall be replaced at a rate of 2.0 times the caliper inches at DBH removed, except as provided in subsections D and E below and Section 5.3.8, Optional Incentives for Retaining Trees. B. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting. C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen, deciduous, canopy, understory, etc.) of tree being removed to the maximum extent practicable based on the compatibility of the species with proposed buildings and infrastructure, existing environmental conditions, and diversity of tree species. D. If the Planning Director determines it is infeasible for a portion or all of the replacement tree(s) to be accommodated on the site, the Planning Director may direct that an in-lieu fee be paid to the County’s Tree Improvement Fund. The mitigation fee as set forth in the County’s fee schedule shall be charged for every inch at DBH of Significant Tree removed and two times every inch at DBH of Specimen Tree removed. E. Properties zoned I-2 located along the Hwy 421 corridor between the Isabel Holmes Bridge to the south, the Pender County line to the north, the Cape Fear River to the west, and the Northeast Cape Fear River to the east are not required to mitigate removed Significant and Specimen trees within the development envelope of a project as long as existing tree coverage outside the development envelope is retained in accordance with Table 5.3.7.E below. Such areas of retained trees must be in a strip or patch and be depicted and labeled on approved site plans. These properties shall still meet all requirements of Section 5.4, Landscaping and Buffering or, if the Planning Director determines that required plantings cannot be accommodated on the site, pay an in-lieu fee as described in D above. Table 5.3.7.E: Requirements for Retention of Existing Tree Coverage in Lieu of Mitigation Regulated Tree Type Retention Requirement for Each Regulated Tree Number of Existing Native Trees Minimum DBH of Retained Trees, Inches Significant Trees Dogwoods, Magnolias, Native Flowering Trees, and American Hollies 4 4 Longleaf Pine, Bald Cypress, Pond Cypress, and Hardwoods 9 6 Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 Other Conifers 12 6 Specimen Trees Live Oaks, Pond Cypress, and Bald Cypress 18 6 F. Significant Trees and Specimen Trees that are removed by spading and planted elsewhere on the site are exempt from mitigation. Significant Trees and Specimen Trees that are removed by spading and accepted by the County for planting on property at a location designated by the County Manager are exempt from mitigation. Any tree that has been transplanted for the purpose of this section and becomes diseased or dies within three years of transplanting shall be replanted by the party requesting the exemption with a tree of the same species and size or mitigated pursuant to this article. 5.3.8. OPTIONAL INCENTIVES FOR RETAINING TREES A. The retention of existing trees on a site is encouraged. As an incentive to encourage the retention of as many existing trees and existing tree stands on a site as possible, the following credits may be applied to all existing non-invasive trees in good health and condition that are retained on a site to protect tree canopy, native species, and existing natural habitat and as long as the applicable standards of this section are fully met. 1. One parking space from the minimum number of parking spaces required by Table 5.1.2.A: Minimum Off-Street Parking, may be credited for every three existing Documented Trees or two existing Significant Trees retained on a site, up to a maximum of a 15 percent reduction of the parking requirements. 2. Retention of existing unregulated or Documented Trees a minimum of 2 inches DBH counts for mitigation of the removal of Significant Trees with every inch at DBH retained counting for one mitigation inch. 3. Retention of existing native species unregulated or Documented Trees a minimum of 2 inches DBH counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every inch at DBH retained counting for one mitigation inch for Specimen Trees and 1.5 mitigation inch for significant Trees. 4. Retention of existing trees growing in mature native forests, as determined by a certified arborist, or a North Carolina licensed forester, a landscape architect, or other person skilled and experienced in identifying native tree species, counts for mitigation of the removal of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH counting for one mitigation inch for Specimen Trees and 1.5 mitigation inch for Significant Trees. 5. Retention of existing trees growing in stands or natural clusters, as determined by a certified arborist, or a North Carolina licensed forester, a Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 landscape architect, or other person skilled and experienced in identifying native tree species, counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH retained counting for one mitigation inch for Specimen Trees, 1.5. mitigation inch for Significant Trees if primarily composed of native species, and 1.0 mitigation inch for Significant Tree is primarily non-native species. 6. For properties zoned I-2 located along the Hwy 421 corridor between the Isabel Holmes Bridge to the south, the Pender County line to the north, the Cape Fear River to the west, and the Northeast Cape Fear River to the east: a. A tree inventory shall not be required for development of sites that provide a combination of retained and newly planted native trees that cover a minimum of 10% of the parcel, minus the water surface area of water bodies (excluding stormwater facilities), conservation resources identified in Section 5.7, Conservation Resources, and existing easements. Retained trees in patches or strips must have a minimum density of 80 trees/acre in trees of minimum 4-inch DBH. Planted trees of minimum caliper of 2 inches must be spaced at minimum of 15 feet. b. Retention of existing tree coverage may replace required street yard and transitional buffer landscaping at a rate of one square foot in basal area of retained trees for one square foot in basal area of required landscaping trees. Retention of existing tree coverage may replace required foundation landscaping area on a square foot for square foot basis as long as the tree coverage meets the density requirements outlined in subsection a above. Landscaping may be retained at any location on the subject site, but at least one half of tree retention to replace street yard or buffer plantings must be located within the required street yard area or buffer area, as applicable. Section 5.4. Landscaping 5.4.2. GENERAL STANDARDS A. All plant materials and their spacing requirements, which are to be planted to meet the opacity and height requirements of this section, shall be either selected from the manual “Tree and Planter Materials for Landscaping” manual New Hanover County Tree and Landscaping Manual prepared by the County Planning and Land Use Department and incorporated herein by reference (it is available in the County Planning and Land Use Department), or approved by the New Hanover County Agricultural Extension Service. Unless otherwise specified, any canopy tree planted to meet the requirements of this section shall be a minimum of 2-inch caliper in size at the time of planting and any understory tree planted to meet the requirements of this section shall be a minimum of 8 feet in height at time of planting. Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 5.4.3. TRANSITIONAL BUFFER STANDARDS Table 5.4.3.B.2: Landscape Buffer Types Buffer Type Minimum Width and Plantings Required Type A: Opaque Buffer Option 1: Vegetation Only The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, 20 feet, or 25 percent of the minimum structure setback for taller structures outlined in Section 3.1.3.C, whichever is greater.** [11-01-2021] Planted materials shall be a minimum of six feet in height and provide approximately full opacity within one year of planting.* A minimum of three rows of planted material are required. Option 2: Combination Berm & Vegetation The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, 20 feet, or 25 percent of the minimum structure setback for taller structures outlined in Section 3.1.3.C, whichever is greater.** [11-01-2021] The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less with a level or rounded area on top. The combined height of the berm and planted vegetation shall provide approximately full opacity to a minimum height of six feet within one year of planting. The height of the berm and vegetation shall be measured from the ground level at the nearest lot boundary line.* Option 3: Combination Fencing & Vegetation The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, 10 feet, or 20 percent of the minimum structure setback for taller structures outlined in Section 3.1.3.C, whichever is greater.** [11-01-2021] Fencing shall be between 6 and 10 feet in height. Required planted materials shall be located between the fence and the common property line unless otherwise specified. If solid fencing is used, planted materials a minimum of three feet in height and providing a minimum of approximately 50 percent visual opacity at initial planting shall be required. Vegetation shall be planted between the fence and the nonresidential or attached structure if the required buffer is 15 ft. or less in width to accommodate regular maintenance.* If permeable fencing is used, a minimum of two rows of planted materials providing approximately full opacity within one year of planting are required.* Type B: Aesthetic Buffer Option 1: Vegetation Only Width: 20 ft. minimum Planted materials shall provide approximately 50 percent opacity within one year of planting.* A minimum of three rows of planted material, using a minimum of two plant species that will result in different heights at maturity, are required. Option 2: Combination Fencing & Vegetation Width: 10 ft. minimum Planted materials shall provide approximately 50% opacity within one year of planting.* Fencing shall be between 4 and 10 feet in height. Planted materials shall be planted between the fence and the industrial use with sufficient space to accommodate regular maintenance. If permeable fencing is used, at least one row of planted materials is required. Chain link or wire fencing cannot be used to meet the fencing requirement. * Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the “Tree and Plant Materials for Landscaping” manual New Hanover County Tree and Landscaping Manual. Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 Table 5.4.3.B.2: Landscape Buffer Types Buffer Type Minimum Width and Plantings Required ** If the applicant increases the required buffer width, an equivalent reduction in a building’s setback is allowed, except for interior side and rear setbacks from residential properties in the B-1, B-2, and O&I districts. 5.4.6. STREET YARD STANDARDS A. Street yard landscaping is required for new construction of principal structures, expansions to existing structures, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code: 3. Private Residential Boating Facilities; 4. Cemeteries; 5. Park and Recreation Areas with no structures or parking areas; and 6. Utility lines. B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.6.B, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements and that conforms with required street yard minimum and maximum widths. Street yards may be located within any required setback. Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 C. For every 600 square feet of street yard area on average, the following landscaping shall be provided: 1. One canopy/shade tree or if overhead power lines are located above the street yard, three (3) understory trees; and 2. Six shrubs, 12 inches in height at time of planting. D. For properties with frontage on Hwy 421 between the Isabel Homes Bridge to the south and the Pender County line to the north, in addition to the landscaping required by subsection C above, the property owner shall provide, within the first 10 feet of land adjacent to and parallel to the right-of-way, one deciduous or evergreen tree native to the Hwy 421 area, as included in the New Hanover County Tree and Landscaping Manual, a minimum of two inches caliper in size at time of planting, planted along every 40 feet of road frontage on average. Plantings may be moved Z22-03B Hwy 421 Tree Standards Amendment Board of Commissioners Public Hearing Draft – 11-14-2022 outside this area if it is determined that overhead power lines or other site features would interfere with the trees’ natural growth. E. Street yard landscaping shall be required along all street frontages. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in Table 5.4.6.B: Street Yard Area Standards. Secondary street frontages are required to contain 50 percent of the required street yard area. F. If there are existing trees of a minimum two inches DBH in the proposed street yard, the Planning Director may grant credit for those trees toward meeting tree preservation requirements. In addition, the Planning Director may require the saving of any regulated tree in the street yard area. G. On a case-by-case basis, the Planning Director may approve alternate planting materials or substitutions to street yard planting requirements where requirements would not be practical due to existing vegetation or other unique conditions. Such substitutions shall be determined to be in keeping with the purpose and intent of this section. H. For all lots of record two acres or less in size, if the Planning Director determines that the essential site improvements cannot be accommodated under these requirements, then the required street yard area may be reduced by one-half, but in no case shall it be reduced to less than one-half. I. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. 5.4.7. FOUNDATION PLANTINGS A. Foundation plantings located between the building face and the parking lot or drive aisle shall be required for all portions of buildings adjacent to parking lots or internal drive aisles. B. The following minimum standards are required, though additional landscaping is encouraged: 1. The foundation planting area shall be 12 percent of the area of the first- floor building face, or building face up to 25 feet in height, whichever is less, adjacent to the parking area or internal drive; and 2. The foundation planting area shall be planted as landscaped areas of sufficient variety, height, and size, with plantings listed in “Tree and Plant Materials for Landscaping” the New Hanover County Tree and Landscaping Manual.